HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/03/2017 - RESOLUTION 2017-089 FINDING SUBSTANTIAL COMPLIANCEAgenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY October 3, 2017
City Council
STAFF
Jason Holland, City Planner
SUBJECT
Resolution 2017-089 Finding Substantial Compliance and Initiating Annexation Proceedings for the Fox Hills
Second Annexation.
EXECUTIVE SUMMARY
The purpose of this item is to initiate annexation proceedings for the Fox Hills Second Annexation, containing
20.4 acres, into the City of Fort Collins. The annexation is located approximately 3,300 feet west of the
intersection of County Road 38E (Harmony Road) and Taft Hill Road. The annexation area includes all of Red
Fox Road, which is located on the south side of County Road 38E. The annexation area also includes 31
single-family dwellings and residual open land that are part of the Fox Hills subdivision west of Red Fox Road.
The requested zoning for this annexation is the Residential Foothills (R-F) zone district, which complies with
the City of Fort Collins Structure Plan. The surrounding properties are existing residential uses.
The proposed Resolution makes a finding that the annexation petition substantially complies with the Municipal
Annexation Act, determines that a hearing should be established regarding the annexation, and directs that
notice be given of the hearing. The hearing will be held at the time of First Reading of the annexation and
zoning ordinances; not less than thirty days of prior notice is required by state law.
This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to
annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins
Intergovernmental Agreement Regarding Growth Management.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
This is a 100% voluntary annexation for a property located within the Growth Management Area (GMA).
According to policies and agreements contained in the Larimer County and City of Fort Collins
Intergovernmental Agreements, the City will agree to consider annexation of property in the GMA when the
property is eligible for annexation according to State law. The Fox Hills Second Annexation gains the required
1/6 contiguity to existing city limits from a common boundary with the Fox Hills (first) Annexation to the east,
which was annexed in 1994, thus satisfying the requirement that no less than one-sixth of the perimeter
boundary be contiguous to the existing city boundary.
The main purpose of the annexation is to allow the streets within the Fox Hills subdivision to be maintained by
the City. Residents of the Fox Hills subdivision have funded the necessary street improvements within the
annexation boundary and have coordinated these improvements with City staff.
Agenda Item 6
Item # 6 Page 2
BOARD / COMMISSION RECOMMENDATION
The Planning and Zoning Board will conduct a public hearing for the annexation and zoning request on
October 19, 2017. The Board’s recommendation will be forwarded to City Council as part of the First Reading
of the annexation and zoning ordinances on November 7, 2017.
PUBLIC OUTREACH
An outreach process is not required by Colorado Revised Statues or the City of Fort Collins Land Use Code for
the annexation. However, outreach meetings were conducted by the City with area residents to discuss
options for future street maintenance in the area, which was the impetus for this annexation request.
ATTACHMENTS
1. Vicinity Map (PDF)
2. Current Zoning Map (PDF)
3. City Structure Plan Map (PDF)
4. Boundary Plat (PDF)
5. Annexation Cover Letter (PDF)
6. Annexation Petition (PDF)
Spring Canyon Community Park
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City Structure Plan Map
Boundaries
Fort Collins GMA
City Limits
Neighborhoods
Urban Estate
Low Density Mixed-Use
Medium Density Mixed-Use
Edges
Community Separator
Foothills
Rural Lands
Corridors
Open Lands, Parks and Water Corridors
CR 38-E
Annexation - Area 1 inch = 0.3 miles
Taft Hill Rd
Cathy Fromme
Prairie Nat. Area
Annexation
Boundary
Pineridge Nat. Area
ATTACHMENT 3
ATTACHMENT 4
To:
City of Fort Collins
Fort Collins, Colorado
Re: Fox Hills Second Annexation
This annexation petition is a request to the City of Fort Collins to approve the Fox Hills Second
annexation and zoning as defined in this petition.
The area to be annexed covers a portion of the Fox Hills Home Owners Association (HOA). The Fox Hills
HOA is currently divided between owners that are located within the City (Fox Hills First Annexation) and
those that are outside of the City in Larimer County. This current division between city and county is not
logical for maintenance across the HOA. This annexation would unify the Fox Hills HOA so that all
property would be within the City of Fort Collins. The area to be annexed is in Larimer County and is
within the growth management area for the City of Fort Collins.
The Fox Hills HOA, which is currently responsible for long term road maintenance within the County
portions of the HOA, is currently planning to improve the existing roads to bring them up to acceptable
standards as defined by the City of Fort Collins Infrastructure Services Department. Funding for these
road improvements has already been budgeted and approved by the Fox Hills HOA. These planned road
improvements would avoid any detriment to the City associated with road improvement for this
annexation.
Fox Hills HOA
ATTACHMENT 5
ATTACHMENT 6
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RESOLUTION 2017-089
OF THE COUNCIL OF THE CITY OF FORT COLLINS
FINDING SUBSTANTIAL COMPLIANCE AND
INITIATING ANNEXATION PROCEEDINGS FOR THE
FOX HILLS SECOND ANNEXATION
WHEREAS, a written petition, together with four (4) prints of an annexation map, has
been filed with the City Clerk requesting the annexation of certain property to be known as the
Fox Hills Second Annexation, as more particularly described below; and
WHEREAS, the City Council desires to initiate annexation proceedings for the Fox Hills
Second Annexation in accordance with the Municipal Annexation Act, Section 31-12-101, et
seq., Colorado Revised Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby accepts the annexation petition for the Fox
Hills Second Annexation, more particularly described as situate in the County of Larimer, State
of Colorado, to wit:
A TRACT OF LAND BEING A PORTION OF THE SOUTHWEST QUARTER
OF SECTION 33, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH
PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO.
CONSIDERING THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID
SECTION 33, AS BEARING NORTH 89º25'53" EAST AND MONUMENTED AS
SHOWN HEREON WITH ALL BEARINGS CONTAINED HEREIN RELATIVE
THERETO:
COMMENCING AT THE NORTHWEST CORNER OF THE EAST HALF OF THE
SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 7 NORTH, RANGE 69
WEST OF THE 6TH P.M.; THENCE ALONG THE NORTH LINE OF SAID EAST
HALF, NORTH 89º25'53” EAST, 617.37 FEET; THENCE DEPARTING SAID LINE,
SOUTH 00º34'07” EAST, 108.71 FEET TO POINT OF BEGINNING, SAID POINT
ALSO LYING ON THE SOUTH RIGHT OF WAY LINE OF WEST COUNTY ROAD
38 E, ALSO BEING A POINT ON THE WEST LINE OF AN ACCESS ROAD PER
BOOK 1899, PAGE 636 LARIMER COUNTY CLERK AND RECORDER; THENCE
ALONG SAID RIGHT OF WAY LINE, NORTH 85º00'00” EAST, 60.22 FEET TO A
POINT ON THE WEST LINE OF FOX HILLS SECOND FILING, ALSO BEING THE
EAST LINE OF AFOREMENTIONED ACCESS ROAD; THENCE ALONG SAID
WEST LINE THE NEXT (2) COURSES AND DISTANCES, SOUTH 00º09'17” EAST,
1227.04 FEET; THENCE, SOUTH 00º11'08” WEST, 1319.89 FEET TO A POINT ON
THE SOUTH LINE OF FOX HILLS P.U.D.; THENCE ALONG SAID LINE, NORTH
89º48'10” WEST, 619.19 FEET; THENCE ALONG THE WEST LINE OF SAID FOX
HILLS P.U.D.; NORTH 00º11'08” EAST, 1316.09 FEET; THENCE ALONG THE
NORTH LINE OF SAID FOX HILL P.U.D., NORTH 89º50'43” EAST, 559.20 FEET
TO A POINT ON THE WEST LINE OF FOX HILLS P.U.D., SAID LINE ALSO BEING
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THE EAST LINE OF WILDFLOWER RIDGE P.U.D.; THENCE ALONG SAID LINE,
NORTH 00º09'17” WEST, 1221.96 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 889,556 SQUARE FEET, OR
20.421 ACRES, MORE OR LESS AND IS SUBJECT TO ALL EASEMENTS AND
RIGHTS-OF-WAY NOW ON RECORD OR EXISTING.
Section 3. That the City Council hereby finds and determines that the annexation
petition for the Fox Hills Second Annexation is in substantial compliance with the Municipal
Annexation Act in that the annexation petition contains the following:
(1) An allegation that it is desirable and necessary that such area be annexed to the
municipality;
(2) An allegation that the requirements of Colorado Revised Statutes sections 31-12-
104 and 31-12-105 exist or have been met;
(3) An allegation that the signers of the petition comprise more than fifty percent of
the landowners in the area and own more than fifty percent of the area proposed to be
annexed, excluding public streets and alleys and any land owned by the annexing
municipality;
(4) The signatures of such landowners;
(5) A request that the annexing municipality approve the annexation of the area proposed
to be annexed;
(6) The mailing address of each such signer;
(7) The legal description of the land owned by such signer;
(8) The date of signing of each signature; and
(9) The affidavit of the circulator of such petition that each signature therein is the
signature of the person whose name it purports to be.
Section 4. That the City Council hereby finds and determines that the annexation
map, four copies total, accompanying the annexation petition for the Fox Hills Second
Annexation is in substantial compliance with the Municipal Annexation Act in that the map
contains the following:
(1) A written legal description of the boundaries of the area proposed to be annexed;
(2) A map showing the boundary of the area proposed to be annexed;
(3) Within the annexation boundary map, a showing of the location of each ownership
tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat
numbers of plots or of lots and blocks;
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(4) Next to the boundary of the area proposed to be annexed, a drawing of the
contiguous boundary of the annexing municipality and the contiguous boundary of any
other municipality abutting the area proposed to be annexed.
Section 5. That the Notice attached hereto as Exhibit “A” is hereby adopted as a part
of this Resolution. Said Notice establishes the date, time and place when a public hearing will be
held regarding the passage of annexation and zoning ordinances pertaining to the above
described property. The City Clerk is directed to publish a copy of this Resolution and said
Notice as provided in the Municipal Annexation Act.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held
this 3rd day of October, A.D. 2017.
__________________________________
Mayor
ATTEST:
____________________________
City Clerk
EXHIBIT A
NOTICE
TO ALL PERSONS INTERESTED:
PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted
Resolution 2017-089 initiating annexation proceedings for the Fox Hills Second Annexation,
consisting of approximately 20.4 acres and generally located approximately 3300’ west of S.
Taft Hill Road and south of and abutting County Road 38E, said Annexation being more
particularly described in Resolution 2017-089.
That, on November 7, 2017, at the hour of 6:00 p.m., or as soon thereafter as the matter
may come on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort
Collins, Colorado, the Fort Collins City Council will hold a public hearing upon the annexation
petition and zoning request for the purpose of finding and determining whether the property
proposed to be annexed meets the applicable requirements of Colorado law and is considered
eligible for annexation and for the purpose of determining the appropriate zoning for the property
included in the Annexation. At such hearing, any persons may appear and present such evidence
as they may desire.
The Petitioner has requested that the Property included in the Annexation be placed in the
Residential Foothills (“R-F”) Zone District.
The City of Fort Collins will make reasonable accommodations for access to City
services, programs and activities and will make special communication arrangements for persons
with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance.
Dated this 3rd day of October, A.D. 2017.
_______________________________
City Clerk
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Zoning Map
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Boundary Fox
Hills
Wild-
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Fox
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Pineridge Nat. Area
Cathy Fromme
Prairie Nat. Area
Legend
Natarea
City Limits
GMA
City Zoning
ZONE
Low Density Mixed-Use Neighborhood (LMN)
Residential Foothills (RF)
Low Density Residential (RL)
Red Fox Road
ATTACHMENT 2
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Fox Hills Second Annexation
Vicinity Map
Taft Canyon
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City Limits
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Pineridge Nat. Area
Cathy Fromme
Prairie Nat. Area
ATTACHMENT 1